Q&As

How do the right of work checks apply to group companies, for example who is ultimately responsible to carry out the check? What steps can be implemented to minimise the risk of a civil penalty?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 29/04/2019

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • How do the right of work checks apply to group companies, for example who is ultimately responsible to carry out the check? What steps can be implemented to minimise the risk of a civil penalty?

The ‘employer’ is the person or entity which is ultimately responsible for carrying out the check. As for the definition of ‘employer’, the right to work check Q&A document issued by the Home Office addresses this (Q36):

‘Q. What is the definition of “employer” for the purposes of illegal working provisions of the Act?

A. An “employer” is defined as a person who employs an individual under a contract of employment. This may be a contract of service or apprenticeship, whether express or implied.

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